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HomeMy WebLinkAbout1987-03-04 EURA MINUTES• • • I. ENGLEWOOD URBAN RENEWAL AUTHORITY March 4, 1987 CALL TO ORDER. )/O 9 H The regular meeting of the Englewood Urban Renewal Authority was called to order by Chairman Robert Voth at 5:45 P. M. Members present: Voth, Cole, Keena, Totton Alternate Member Hanson Executive Director/Executive Secretary Susan Powers Members absent: VanDyke, Mcintyre, Minnick Alternate Member Daugherty Also present: Assistant Director Wm. Richard Hinson Director of Engineering Services Densel Ragland Ms. Powers introduced Mrs. Alice Hanson, who has been named to the Authority as a second alternate member. II. APPROVAL OF MINUTES. February 4, 1987 Chairman Voth stated that the Minutes of February 4, 1987 were to be con- sidered for approval. Totton moved: Keena seconded: The Minutes of February 4, 1987 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Voth, Cole, Keena, Totton None Mcintyre, Minnick, VanDyke None The motion carried. III. OPPERMAN & ASSOCIATES Contract Renewal Ms. Powers stated that an Employment Contract for Opperman & Associates for 1987 has been submitted for consideration by the Commission. Mr. Opperman's firm does the eminent domain trial work for the Authority. Ms. Powers recom- mended that this contract be approved. Keena moved: Cole seconded: The Urban Renewal Authority approve the Employment Contract for 1987 with Opperman & Associates as dated February 25, 1987. AYES: NAYS: Cole, Keena, Totton, Voth None - 1 - ABSENT: Mcintyre, Minnick, VanDyke ABSTAIN: None The motion carried. IV. PROPERTY ACQUISITION. 211 West Hampden Avenue 3463 South Bannock Street Ms. Powers discussed negotiation and acquisition efforts with the owner of properties at 211 West Hampden Avenue and 3463 South Bannock Street. Copies of the updated appraisal were reviewed, and discussion ensued. Cole moved: Tatton seconded: The Urban Renewal Authority approve and adopt Resolution #4, Series of 1987, A RESOLUTION OF THE ENGLEWOOD URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUES FOR 211 WEST HAMPDEN AVENUE AND 3463 SOUTH BANNOCK STREET ARE THE FAIR MARKET VALUES OF THESE PROPERTIES, DIRECTING STAFF TO USE SAID FAIR MARKET VALUES AS A BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTIES, AND AUTHORIZING THE CONDEMNA- TION OF SAID PROPERTIES SHOULD NEGOTIATIONS FAIL. AYES: NAYS: ABSENT: ABSTAIN: Keena, Tatton, Voth, Cole None Mcintyre, Minnick, VanDyke None The motion carried. V. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Agreement No . 87-01 .01 Ms. Powers stated that, for a number of years, the City has been working with Urban Drainage & Flood Control District to develop a drainageway master plan for Little Dry Creek from South Clarkson Street to the South Platte River. Urban Drainage has contributed over $1.3 million to pay for construction, de- tours, utility relocations, licenses and permits, surveying, staking, inspec- tion, and materials testing on this total project. In October, 1986, the Board of Directors adopted a Special Revenue Fund Budget for 1987, which bud- get included $300,000 to be used for the District's share of the construction costs on the third phase of Little Dry Creek Improvements. An agreement among the Urban Drainage and Flood Control District, the City of Englewood, and the Englewood Urban Renewal Authority has been drafted for consideration. Upon approval and signing of this agreement by all parties, the Urban Drainage and Flood Control District will have approval for financial participation in the construction of the improvements on Little Dry Creek between South Clarkson Street and South Broadway. Brief Discussion ensued. Tatton moved: Keena seconded: The Englewood Urban Renewal Authority approve and adopt Resolution #5, Series of 1987, A RESOLUTION OF THE ENGLE- WOOD URBAN RENEWAL AUTHORITY APPROVING AN AGREEMENT AMONG THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF ENGLEWOOD, AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY. - 2 - • • • • • • AYES: NAYS: ABSENT: ABSTAIN: Totton, Voth, Cole, Keena None Mcintyre, Minnick, VanDyke None The motion carried. VI. BARGAIN AND SALE DEED Cyclops Corporation Mr. Hinson stated that the Urban Renewal Authority has sold property to the Cyclops Corporation for construction of a Silo store, and to Madison Pizza Corporation for construction of a Rocky Rococo Restaurant. South Jason Street, which borders these sites on the west, will eventually be vacated, but not until after the valuation hearing on the Park Floral Property. At such time as the vacation occurs, one-half of the right-of-way will revert to the adjoining property owners. Developers for Rocky Rococo and Silo wanted to begin construction prior to the vacation of the South Jason right-of-way, and part of the construction on these sites would be in the projected vacated right-of-way. An encroachment permit was granted by the URA to both entities in November, 1986 when they purchased the properties. However, the developers of Silo want a signed Bargain and Sale Deed which will eliminate any possible residual interests of the Urban Renewal Authority in the South Jason Street right-of-way after the vacation occurs. Mr. Totton expressed concern on the legal description as written. Discussion ensued. Ms. Ragland stated that the legal description is written properly. Mr. Hinson suggested that the Bargain and Sale Deed itself could be modified by striking the phrase " ... between West Hampden Avenue and South Inca Street ... " Discussion ensued. Totton moved: Cole seconded: The Urban Renewal Authority approve the Bargain and Sale Deed between the Englewood Urban Renewal Authority and Cyclops Corporation, as amended by striking the phrase " ... between West Hampden Avenue and South Jason Street ... " in Paragraph #2. AYES: NAYS: ABSENT: ABSTAIN: Totton, Voth, Cole, Keena None Minnick, Mcintyre, VanDyke None The motion carried. VII. APPELLATE COURT DECISION Tax Increment Financing Ms. Powers gave members of the Authority a copy of an Appellate Court decision on a lawsuit filed in Grand County. Ms. Powers stated that she has talked to Mr. Steve Bell of E. F. Hutton & Company, and he is uncertain on the effect of this lawsuit on future tax increment financing projects or refunding of bonds. The decision will be appealed to the Supreme Court, which has six months to decide whether they will hear the appeal. Discussion followed. - 3 - VIII. FINANCIAL REPORTS. Expenditure Report Investment Report Ms. Powers discussed the financial reports, and asked if there were any ques- tions from the Authority. Ms. Powers stated that the staff is gathering information on expenses that are anticipated for 1987, such as the drawdown schedule for Little Dry Creek im- provements, property acquisition, etc. This information will be used in determining the length of investment of funds. IX. CONSTRUCTION REPORT. Ms. Ragland stated that the contractor was delayed during the past week be- cause of the bad weather. She estimates that construction is approximately six weeks behind the schedule prepared by the contractor, but the contractor has indicated he feels this time can be made up. Ms. Ragland reviewed prog- ress that has been made in the pouring of walls, box culvert cells, etc. She stated that she has also checked for "minor accidents", such as trench cave ins; none of this has occurred. There was a water line break which slowed work because of the increased water depth in the creek. X. RELOCATION REIMBURSEMENT REQUEST Robert Vance • Mr. Hinson stated that he has received a request from Mr. Robert Vance, former owner of Toy Menagerie at 3485 South Bannock Street. Mr. Vance discontinued • operation of his business in January, 1985 in anticipation of the acquisition of his property by Brady Development Company. The property was eventually acquired from Mr. Vance by the Englewood Urban Renewal Authority in December, 1986. Mr. Vance states that he incurred expenses in the discontinuation of his busi- ness, and should be reimbursed for these expenses by the Authority. Mr. Hin- son referred to the Relocation Handbook, which contains the requirement that a relocatee must occupy the affected property for a period of at least 120 days immediately prior to the receipt by person of a letter of intent to purchase by the Authority. Inasmuch as Mr. Vance vacated the premises almost two years prior to the acquisition of the property by the Authority, he clearly does not meet this requirement. Mr. Hinson discussed other relocation expense applicants who moved prior to notification of intent to acquire their property by the EURA, and the Authori- ty has not reimbursed these individuals for their relocation expenses. Mr. Hinson reminded the members of legal counsel's admonition that all applicants must be treated fairly. Discussion ensued. Ms. Daugherty entered the meeting and took her place with the Authority. Keena moved : Cole seconded: The Englewood Urban Renewal Authority determines that Mr. Robert Vance does not meet the requirements of the Reloca- tion Handbook of eligibility for relocation expense reim- bursement; therefore, his request is denied. -4 - • • • • AYES: NAYS: ABSENT: ABSTAIN: Totton, Cole, Keena None VanDyke, Mcintyre, Minnick Voth The motion carried. Mr. Voth abstained because of business association with Mr. Vance. XI. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Letter of Belief Ms. Powers stated that a copy of the FEMA "Letter of Belief" was included in the packet for the information of the Authority. This letter states that the FEMA officials have reviewed the designs for Little Dry Creek, and they believe that with the construction of these improvements the flood plain in the downtown area will be eliminated. Mr. Mcintyre entered the meeting and took his place with the Commission. XII. OLD KING SOOPER'S BLOCK Keena moved: Cole seconded: The Englewood Urban Renewal Authority go into Executive Session. AYES: NAYS: ABSENT: ABSTAIN: Voth, Cole, Keena, Mcintyre, Totton None VanDyke, Minnick None The motion carried. * * * * * * * * * * Cole moved: Keena seconded: The Englewood Urban Renewal Authority come out of Executive Session. AYES: NAYS: ABSENT: ABSTAIN: Voth, Cole, Keena, Mcintyre, Totton None Minnick, VanDyke None The motion carried . Totton moved: Keena seconded: The Urban Renewal Authority grant a maximum 30 day exten- sion to JBC Investment Corporation, and instruct Executive Director Powers that negotiations shall continue; the Au- thority expects that an Agreement shall be reached by the termination of the 30 day extension. AYES: NAYS: Cole, Keena , Mcintyre, Totton, Voth None -5 - ABSENT: Minnick, VanDyke ABSTAIN: None The motion carried. XIII. LITTLE DRY CREEK DESIGN -WEST OF BROADWAY Comments from Trammell Crow/Ross Investment Ms. Powers stated that the staff and Authority have worked with Ross Invest- ment Group representatives on the final design plans for Little Dry Creek west of Broadway. Some modifications were made to previous plans to meet the ap- proval of the Ross representatives. When Trammell Crow became a joint partner with RIG, copies of the final design plans for the Creek were sent to their representatives as well. Mr. Bill Baker, Marketing Principal for Trammell Crow, has responded with a list of suggested modifications to the final design plan. This has, in turn, been considered by the City and EURA staff. Concerns cited by Mr. Baker were the "arbors" in the public area, the use of coniferous trees, the grouping of trees, adequate lighting, the use of colored concrete, and the redesign, relocation and replacement of a ramp with parking on the plaza area. Discussion on the necessity of the "public area" ensued. Ms. Powers stated that she feels there is a necessity to retain the public area, and that there is a need to provide a place for people who are in the area, and also to "draw" additional people into the area. Ms . Keena cited the success of Larimer Square vs. the 16th Street Mall in Den- ver; in Larimer Square no provision was made for the "public" and it is very successful. The 16th Street Mall, on the other hand, was designed for "public" use, and is not nearly so successful. Mr. Tatton stated that he is of the opinion there is a need for an "ambiance" which the water features provide. Ms. Daugherty suggested that there is a need to protect the beauty in the City. Ms. Keena stated that success isn't necessarily ugly. Ms. Powers stated that previous revisions to the final design have already narrowed the plaza area, and the number of trees proposed has been reduced. Ms. Ragland pointed out that one arbor has already been eliminated from the plans; and the remaining arbors contain columns at 15 foot intervals. She questioned that this would present a visual barrier as cited in Mr. Baker's letter . The matter of coniferous trees and the spacing of trees was discussed. Ms. Ragland stated that the proposal is now for more columnar deciduous trees rather than the coniferous trees. The location of the trees was then dis- cussed. Ms. Powers suggested that perhaps the one grouping of trees could be moved further east. The relocation , redesign and replacement of a ramp with parking was discussed. Ms. Ragland discussed the impact this would have on the improvements to the Creek, and the entrance structure to the box culvert. It was the consensus of the Authority that this provision is not negotiable, and the design will have to stand as it presently exists. -6 - • • • • • • The matter of adequate lighting was discussed. Ms. Ragland stated that lights have been proposed for use in the fountains, and accent lights are shown throughout the area . The use of colored concrete was then considered. Ms. Ragland stated that the City and Authority has not experienced problems with cracking or matching colors to this point in time. She pointed out that the colored concrete that has been used is a pale buff color that bleaches out anyway. Further discussion ensued. Ms. Keena suggested that if the developer wants some of the greenery in the public area removed, perhaps they should be re- quired to replace it with increased landscaping in their parking area. Authority members considered pictures taken by Herb Schall of EDAW showing visual access from various points along U. S. 285. Ms. Powers stated that the staff would respond to the comments made by Mr. Baker. XIV. ENGLEWOOD EXCHANGE STATUS REPORT. Ms. Powers stated that the Home Club is under construction, and expects to open for business on April 1, 1987. Rocky Rococo started construction earlier this date. Signage for Buyer's Club and Home Club was discussed . xv. LAWSUIT UPDATE. Ms. Powers stated that the second Authority appraisal for the Park Floral property came in; Park Floral representatives have not obtained an appraisal of the property to this date in time. The trial is scheduled for the last part of April, 1987. Mr. Hinson stated that a ruling has been handed down that Ahmed Ahmed had no status to warrant a new trial in the Ali Baba case. The Physical Whimsical hearing has been scheduled for May, 1987. XIV. MISCELLANEOUS. Ms. Daugherty asked about the 3400 block of South Acoma Street. Ms. Powers stated that Ross Investment Group has been talking to representatives of a hotel group, and have proposed t he site to them . Ms. Daugherty addressed the muddy condition of the Urban Renewal Authority property in the 3400 block of South Acoma Street, noting that Broadway businessmen have lost customers , and have had carpets ruined by customers that track the dirt in. It was pointed out that grading and graveling the site would only be a temporary measure, and that the only long-term solution would be to pave the site, which is very expensive. Ms. Powers also pointed out that RBI has been granted approval to use the site to park their trucks during the construction work on Little Dry Creek. Ms. Keena stated that perhaps the site could be barricaded to prohibit use as a parking area. Ms. Daugherty indicated that this would not be acceptable either. -7 - There being no further business to come before the Authority, the meeting was declared adjourned at 8 :10 P.M . / Gertrude G. Welty Recording Secretary -8 - • • •